Outstanding! I did a thorough search looking for a good, honest attorney that I could trust, looking at many reviews. I found Peter and made an appointment with him. The best decision and best attorney I’ve done business with in my entire life.- James M.
Probate Litigation Lawyers in Elk Grove, CA — Fighting for Your Rights After the Loss of a Loved One
The loss of a loved one is never an easy experience. Surviving family members are already going through grieving and funeral planning, and then probate issues are thrown into the mix. It’s possible for this process to be tedious and stressful even in a best case scenario. Unfortunately, things don’t always go smoothly. In fact, these matters could very well end up in court. In such a situation, you could benefit from working with a probate litigation lawyer in Elk Grove, CA.
At Cianchetta & Associates, our California estate administration attorneys understand the difficulties you’re going through. Perhaps you believe improper coercion occurred during the planning process, or maybe certain parties are trying to take advantage of your departed loved one. Regardless of the circumstances of your situation, our Elk Grove probation lawsuit attorneys are ready to help. Contact us today for a free consultation.
What Issues Can Lead to Probate Litigation?
Proper California estate planning can go a long way in avoiding potential litigation. However, even the most committed approach cannot guarantee that legal issues won’t arise. That’s because anyone can bring a lawsuit in court, and this is the case even if the underlying claims are unfounded. Since litigation can result in significant issues in asset distribution and other estate matters, though, it’s important to understand what problems can lead to probate litigation:
- Contested wills: Family members or other interested parties can claim that a will is invalid due to coercion, fraud, or other issues.
- Estate administration disputes: Litigation is also common if an executor or administrator of the estate is suspected of mishandling assets or failing to fulfill their duties.
- Claims of undue influence: Claims that someone exerted undue influence over the decedent to improperly influence a will or estate plan can lead to lawsuits.
- Asset distribution disputes: Beneficiaries may disagree over how assets should be distributed or divided. Legal battles could result.
- Conservatorship or guardianship disputes: Litigation stemming from this matter can occur if family members disagree over who should serve as the conservator or guardian of a vulnerable or incapacitated loved one.
- Fiduciary duty breach claims: Lawsuits often arise when a trustee, executor, or other fiduciary is suspected of failing to act in the best interests of the estate.
- Creditor claims disputes: Many people leave behind debts, but disputes over money owed, which creditors to pay, and what order to pay them in can arise.
Estate law in California is very often complicated, and this is especially true when disputes occur. That’s why it’s so important for you to discuss your case with an experienced probate litigation lawyer in Elk Grove, CA. Even if the legal issue you’re facing encompasses many of these areas or doesn’t fit cleanly into a specific category, you have nothing to lose by contacting our law firm for a free consultation.
How Can Someone Avoid Probate Litigation?
We’ve already mentioned that probate litigation is not 100% unavoidable. There’s nothing to stop dishonest folks from unduly influencing estate decisions or making unsupported legal claims. However, there are a variety of strategies that can minimize the risk of such complications. And even if unfounded litigation does arise, these techniques will typically result in their quick dismissal in court.
- Create a clear estate plan: This is a task that must occur while our loved ones are still with us. However, nothing is more valuable than proper estate planning.
- Keep clear records: Detailed and up-to-date records of property ownership and financial transactions can minimize the potential for disputes.
- Stay in contact: It’s an unfortunate reality, but many probate litigation cases could be avoided if family members simply communicated openly and honestly.
- Alternative dispute resolution: A probate litigation attorney in Elk Grove, CA can represent you in mediation or arbitration hearings to avoid costly courtroom battles.
- Seek legal help: A lawyer can help you understand your rights and obligations. Having informed legal input can help everyone understand the law and avoid disputes.
While each of these strategies can prove invaluable in the appropriate situation, it’s important to remember that every case is unique. Two individuals could have nearly-identical estate plans, but this doesn’t mean they’re equally valid or will be administered in the same way. Don’t risk everything your loved one left behind or your financial well-being. Contact our Elk Grove, CA probate litigation lawyers today to learn more.
When Should You Consider Filing a Probate Lawsuit?
Much of what we’ve discussed thus far relates to avoiding California probate litigation. However, there are many times when this legal process is appropriate. If you’ve found yourself in a situation where something just doesn’t quite seem right, it never hurts to seek out legal advice. This is especially true since we offer free initial consultations at Cianchetta & Associates.
One of the most common cases we see involves undue influence or forgery in the creation of an estate plan. These are criminal acts, so it’s important that you seek out legal assistance to plan your next move. A probate litigation lawyer in Elk Grove, CA can also assist in any other estate dispute you’re experiencing.
And even if a case has already been decided in another party’s favor, this isn’t necessarily the end of the road. Our law firm can help you plan an appeal to the decision, and if the appellate court doesn’t offer an acceptable solution, it’s possible to take your case all the way to the California Supreme Court.
Contact Our Probate Litigation Lawyers in Elk Grove, CA Today
No one looks forward to going through the probate process. If you’re lucky, estate administration will be simple and straightforward. Unfortunately, this isn’t always how things play out. A seemingly uncomplicated matter can quickly lead to litigation when disputes arise. Regardless of which side of these disputes you find yourself on, it’s important that you have experienced legal representation on your side.At Cianchetta & Associates, our team of legal professionals understands how difficult the probate process can be. It’s a regrettable truth, but not everyone can be entrusted to do the right thing after someone passes on. Fortunately, you don’t have to navigate these difficult legal issues on your own. Contact us today by calling (916) 685-7878 to schedule your free consultation. Our probate litigation lawyers in Elk Grove, CA are here to assist.
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!- Jack M.